ACTIn ForceRegulation
Court Procedures Rules
3049Administration bond—addition or reduction after required
Start here
Get a plain-English read of 3049
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
3049 Administration bond—addition or reduction after required
but before given
(1) This rule applies if the court requires an administration bond under
rule 3045 (Administration bond—requirement for bond) for an estate
to be given by a surety or sureties for a particular amount.
(2) On the application of anyone interested in the estate or on its own
initiative on the registrar’s report, the court may, at any time before
the bond has been given by the surety or sureties, order that the
amount be reduced or increased.
(3) However, application must not be made if the court has made a
decision about the amount under rule 3045 (5).
(4) The court may remove the administrator for the estate and appoint
someone else in the administrator’s place with power to sue or be
sued on any contract made by the removed administrator if—
(a) the court makes an order under subrule (2) that the amount be
increased; and
(b) the surety or sureties will not guarantee the increased amount;
and
Rule 3050
(c) the administrator does not produce another surety or other
sureties to cover the increased amount.
required amount—see rule 3045 (6).